Allahabad High Court
SMT. MISTHI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A major woman is free to reside with her chosen partner, and her custody was ordered to be handed over to her husband with directives to return her belongings.
Summary
The High Court entertained a habeas corpus petition filed by Smt. Misthi, a 21‑year‑old woman who had voluntarily married Amrend Kumar on 03‑08‑2026. The petition sought her release from police custody and the return of her personal belongings, which were held by the police and her parents. The Court found that she had attained majority and, under Article 21 of the Constitution, was free to choose her life partner and residence. Consequently, the Court ordered that her custody be handed over to her husband and directed the police and her parents to return her mobile phones, educational documents, and other belongings. The State and other respondents were instructed to ensure the safety of the couple. The habeas corpus petition was allowed.
Issues considered
- Whether a woman who has attained majority can be detained against her will despite parental opposition
- Whether the habeas corpus petition is maintainable to secure her personal liberty
- Whether the police and parents may retain her personal belongings and documents
- Whether the court can direct the return of such belongings and ensure her safety
Subjects
- habeas corpus
- majority
- personal liberty
- Article 21
- marriage
- custody
- police
- return of documents
- women's rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1259 of 2026
Smt. Misthi And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alok Kumar Pandey, Kuvar Akhilesh
Singh, Susheel Kumar Pandey
Counsel for Respondent(s) : G.A., Shobhit Jaiswal, Sudhir Kumar
Agarwal
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. By order dated 02.09.2026, the State as well as respondent no. 4 was
directed to produce the corpus, Smt. Misthi, before this Court. In
compliance with the said order, she has been produced before the Court
by Sub-Inspector Amit Yadav, PNO 231062307 and Lady Constable
Nisha Yadav, PNO 182035193, Police Station Ghoorpur, District
Prayagraj.
2. This Court interacted with the corpus, Smt. Misthi, who disclosed that
she is aged about 21 years and is studying in B.Sc (II) year. She further
stated that she has voluntarily solemnized marriage with the petitioner,
Amrend Kumar, on 03.08.2026 and wishes to reside with him at their
matrimonial home.
3. This Court also interacted with the petitioner, Amrend Kumar, who
acknowledged that the corpus is his legally wedded wife and stated that
he wishes to reside with her at their matrimonial home.
4. This Court further interacted with respondent no. 4, Kamal Kumar
Vishwakarma and his wife, who are the parents of the corpus, who
appeared to be disappointed with the corpus for having solemnized
marriage with the petitioner against their wishes. However, they also
admitted that the corpus has attained majority and is now free to take
decisions concerning her life.
HABC No. 1259 of 2026
2
5. Upon interaction with the parties, it is apparent that the corpus has
attained majority and, in exercise of her fundamental right guaranteed
under Article 21 of the Constitution of India, has chosen the petitioner,
Amrend Kumar, as her life partner and has voluntarily solemnized
marriage with him on 03.08.2026. She has further expressed her desire to
reside with him at their matrimonial home.
6. In view of the aforesaid facts and circumstances, the corpus, being a
major woman, is at liberty to reside with a person of her choice and at a
place of her choice. Her custody is accordingly handed over to the
petitioner, Amrend Kumar.
7. The State as well as respondents no. 2 and 3 are directed to ensure the
safety and security of the corpus and her husband and, if required, to
escort them to the destination of their choice.
8. The corpus has further complained that her parents have taken
possession of her original educational documents and the police are also
having her mobile phone and her husband's mobile phone in their
possession.
9. In view thereof, the concerned police authorities are directed to return
the mobile phones and other belongings of the corpus and her husband
forthwith. They are further directed to ensure that the original educational
and other documents of the corpus, presently in the possession of her
parents, are returned to her.
10. With the aforesaid observations and directions, the instant habeas
corpus petition is allowed.
(Sandeep Jain,J.)
September 9, 2026
Sushma
Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad
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